H. B. 4633
(By Delegates Douglas and Staton)
(Originating in the House Committee on the Judiciary)
[February 28, 1994]
A BILL to amend and reenact section ten, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the unlawful display or offer for rent or sale of deadly weapons by persons and employees; unlawful sale, rental, giving or lending of deadly weapons by person and employee to person prohibited from possessing the same; and criminal penalties.
Be it enacted by the Legislature of West Virginia:
That section ten, article seven, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§
61-7-10. Display of deadly weapons for sale or hire; sale to
prohibited persons; penalties.
(a)(1) It shall be unlawful for any person to publicly display and offer for rent or sale, or, where the person is other than a natural person, to knowingly permit an employee thereof to publicly display and offer for rent or sale, to any passersby on any street, road or alley, any deadly weapon, machine gun, submachine gun or other fully automatic weapon, any rifle, shotgun or ammunition for same.
(2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five thousand dollars or shall be confined in the county jail for not more than one year, or both fined and confined, except that where the person violating the provisions of this subsection is other than a natural person, such person shall be fined not more than ten thousand dollars.
(b)(1) It shall be unlawful for any person to
knowingly sell, rent, give or lend, or, where the person is other than a natural person, to knowingly permit an employee thereof to knowingly sell, rent, give or lend, any of the arms mentioned in this article deadly weapon to a person prohibited from possessing same by any provision of this article.
(c)(2) Any person, partnership, corporation or firm violating the provisions of this section subsection shall be guilty of a misdemeanor felony, and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than five twenty-five thousand dollars or shall be confined in the county jail imprisoned in the penitentiary of this state for a definite term of years of not less than three years nor more than one year ten years, or both fined and imprisoned, except that where the person violating the provisions of this subsection is other than a natural person, such person shall be fined not more than fifty thousand dollars.